Bowen v. State

The former opinion in this case is withdrawn and annulled. A further consideration of this case convinces us that the trial court should have granted defendant’s motion for a new trial and that, m denying said motion, the court committed reversible error. The original affidavit was fatally defective and charged no offense, and would not support a judgment of conviction. Brewer v. State, 15 Ala. App. 681, 74 So. 764. The offense attempted to be therein charged was a misdemeanor and, after 12 months from the -alleged date of commission, was barred by the statute of limitations. The new…